Allowed

Sree Gokulam Chit & Finance Co.(Pvt) Ltd. v. State of Kerala

Kerala HC2 Mar 2018Crl.MC/252/2018

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition seeking to set aside an order rejecting a Section 138 NI Act complaint. The Court held that an inadvertent clerical mistake by the petitioner's counsel led to their absence. Granting rehearing was deemed just and proper, resulting in the restoral of the complaint file to the lower court.

What did the court decide?

The order rejecting the complaint under Section 138 NI Act in C.M.P. No.4028 of 2017 dated 11.12.2017 was set aside; the complaint was restored to the lower court for further proceedings; the petition

Sree Gokulam Chit & Finance Co.(Pvt) Ltd. Vs… — Civil Procedure and Limitation | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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FRIDAY, THE 2ND DAY OF MARCH 2018 / 11TH PHALGUNA, 1939

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Crl.MC.No. 252 of 2018

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CMP 4028/2017 of C.J.M.,KOZHIKODE

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PETITIONER/COMPLAINANT

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SREE GOKULAM CHIT & FINANCE CO.(PVT) LTD HAVING ITS CORPORATE OFFICE AT SREE GOKULAM TOWERS, NO.66, ARCOT ROAD, CHENNAI, TAMILNADU REPRESENTED BY P.A HOLDER, SREEDEVI N, AGED 44 YEARS, D/O. GOPALAN NAIR, LEGAL CLERK, UPPALA BRANCH, 1ST FLOOR, CALICUT TOWER, N.H ROAD, UPPALA, KASARAGOD DISTRICT.

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BY ADV.SRI.S.JIJI

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RESPONDENTS/STATE & ACCUSED:

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STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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MUHAMMED KUNHI

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AGED 56 YEARS, S/O. ABDUL KHADER, AYASHA MANZIL, PERWAD, NEAR PETROL PUMP, KUMBALA, KASARAGOD DISTRICT - 671 351.

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R1 BY PUBLIC PROSECUTOR, SHRI E C BINEESH

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 252 of 2018 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A-1 TRUE COPY OF THE COMPLAINT IN C.M.P NO.4028/2017 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD.

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ANNEXURE A-2 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER DATED 6-11-2017.

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ANNEXURE A-3 TRUE COPY OF THE ORDER IN C.M.P NO.4028/2017 DATED 11-12-2017 REJECTING COMPLAINT OF THE PETITIONER.

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RESPONDENTS EXHIBITS : NIL

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// True copy //

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PA to Judge

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B.SUDHEENDRA KUMAR, J.

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Crl.M.C. No.252 of 2018

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- - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 2^nd day of March. 2018

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O R D E R

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The petitioner is the complainant in C.M.P. No.4028

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of 2017 on the files of the court below.

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The petitioner filed a complaint against the 2^nd respondent herein, before the court below, alleging offence under Section 138 of the Negotiable Instruments Act. On 11.12.2017, when the case was called, the petitioner was absent. There was also no representation for the petitioner.

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In the said circumstances, the court below rejected the complaint.

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Service is complete. However, there is no

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Crl.M.C.252/18

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-: 2 :-

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appearance for the 2^nd respondent.

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Heard the learned counsel for the petitioner.

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The learned counsel for the petitioner has

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submitted that even though the case was posted to 11.12.2017, it was noted as 15.12.2017 in the diary of the learned counsel for the petitioner due to an inadvertent mistake committed by the clerk of the learned counsel and in the said circumstances, the petitioner could not appear before the court below when the case was called on 11.12.2017. For the said reason, the petitioner could not also be represented before the court on that day. Having gone through the relevant inputs, I am of the view that it is only just and proper to grant one more opportunity to the petitioner to contest the matter on merits.

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In the result, this M.C. stands allowed and Annexure

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Crl.M.C.252/18

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-: 3 :-

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A-3 order dated 11.12.2017 in C.M.P. No.4028 of 2017

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passed by the court below stands set aside. C.M.P. No.4028 of 2017 stands restored to the files of the court below and the court below is directed to proceed with C.M.P. No.4028 of 2017, in accordance with law. The proceedings of the court below shall stand relegated to the stage prior to the rejection of C.M.P. No.4028 of 2017 on 11.12.2017. The petitioner shall appear before the court below on 18.4.2018 without further notice.

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B.SUDHEENDRA KUMAR, JUDGE

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dl/2.3.18

Sree Gokulam Chit & Finance Co.(Pvt) Ltd. v. State of Kerala

Case brief

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Sree Gokulam Chit & Finance Co.(Pvt) Ltd. v. State of Kerala

Case brief

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